Archie D. Wright v. W. J. Estelle, Jr., Director, Texas Department of Corrections

join, dissenting.

Petitioner Wright is a Texas state prisoner under life sentence following a conviction for murder. He has appealed from the federal district court’s denial of habeas corpus. In the state court trial on the merits the prosecution sought the death penalty. Petitioner was represented by two court-appointed attorneys. During trial a conflict arose between Wright and his counsel concerning whether Wright should take the stand to testify in his own defense. For tactical reasons and over Wright’s opposition, counsel made the decision that Wright should not testify and would not…